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Music venues and festivals have insurance to cover entertainment. Every insurance policy excludes certain activity and/or invalidates coverage if certain activities take place. Music entertainment insurance usually does not allow mosh pits, stage diving, any dangerous activities,pyrotechnics, etc. If you are in the band, you cannot stage dive, cannot allow anyone else to do so, and cannot incite such actions in the crowd. Clubs and festivals are required to quickly remove anyone engaging in such activities, or their insurance becomes void.

Any "adult entertainment" invalidates insurance. Local laws vary as to what constitutes adult entertainment, but usually you are getting into "adult entertainment" if there are obscene words used, sexual imagery, or if any performer is not fully clothed. For rock bands, this usually means men have to perform wearing shirts. Most festivals have this somewhere in their long lists of rules. It means any stage dancers or other performers have to be dressed decently. If you have questionable lyrics or visuals, the venue must be made aware before booking. You are then not likely to be booked, because in most cases, this invalidates the insurance. If you have an act that includes indecent material, you are not likely to be booked. Most places want "family friendly" acts.

Most music entertainment insurance for bars, clubs and festivals prohibits rap, hip hop, and heavy metal music. People are usually surprised to hear this, but everyone in the venue industry that pays attention to their insurance coverage knows about this. This prohibition is because of the behavior of people associated with this kind of music and past incidents of violence, including killings inside and outside shows. If you play one of these kinds of music, you can find it very hard to get booked. If a venue wants to have such music, they can sometimes find special insurance coverage -- and this costs extra money. If they let an act play those genres without the special coverage, it invalidates the insurance.

Insurance companies check out the bands that are going to play at a festival. They check on the ads and shows of bars and clubs they insure. If you are a performer or have a band, you should be very careful with your online image. If you have pictures or videos that make you look rowdy or look as if you draw such a crowd, you will have a very difficult time being booked at any legit venue.

KEEP IN MIND, most venues cannot book rap, hip hop, or heavy metal. They cannot book any act that looks violent or rowdy or like heavy drinkers, drug users, or that have an "adult" -- meaning sexual-oriented show. They cannot book these acts, period. Their insurance does not cover it. If you tend to draw such a rowdy, heavy-drinking, or drug-using crowd or have had a history of problems at any of your shows, clubs and festivals cannot book you.

There are many other insurance rules. Usually, bouncers are covered and allowed by insurance if they are specially trained in dealing with difficult or unruly patrons. If the bouncers or security personnel are armed, this usually invalidates insurance. (They can call in police, if needed.) If a place has any entrances locked or blocked, the insurance is invalidated.

Many bars or clubs have insurance that includes only karaoke, DJs, or bands up to 3 performers. There are real advantages to being a solo artist, duo, or trio if you want to play at local restaurants or bars. Four performers and up is the dividing line with many insurance policies. Bigger entertainment venues usually have coverage for full size rock bands. Most restaurants and smaller clubs, however, specifically can only hire groups of 3 or less.

Most insurance policies dictate no dance floor or limit the square footage of a dance floor. A club owner is not allowed by their insurance company to expand the dance floor or to permit patrons to dance in non-dance floor areas. You may think they are being picky and no fun, but they are just protecting their liability coverage.

There are many other insurance provisions. If you plan to do anything unusual, clear it in advance, or you will likely find your show being shut down.

Sue Basko

Sue Basko is a lawyer in California, Illinois, and is an attorney and counsellor of the U.S. Supreme Court. She works in law for music, film, design, indie journalism, protest law, and land use planning. She earned a Juris Doctorate graduating maga cum laude. She has a B.A. in Film and Video and attended graduate school in Radio/ TV/ Film with an emphasis on digital production, media law, and management. She has produced and directed hundreds of low-budget TV shows and videos, as well as doing video, audio, and lighting tech on many large-scale events. She made shows for such organizations as Chicago Public Libraries, Chicago Public Schools, National Strategy Forum, Art Institute of Chicago. She hired crews and handled budgets. She directed tech on a large scale rave style dance floor, with special effects and computer-controlled lights. She worked staff at Northwestern University School of Law with the classes in Trial Practice, Trial Advocacy, Negotiations, and National Institute of Trial Advocacy (NITA).

Susan Basko assisted with a 2012 study conducted by OSCE-ODIHR (Organization for Security and Cooperation in Europe, Office of Democratic Institutions and Human Rights). She participated in a summit of many nations in Vienna, Austria, where her legislative proposals regarding independent media use in protests/ public assemblies were adopted and sent to the 70+ member nations.

Recently, she attended a semester-long seminar course taught by Deray McKesson of Black Lives Matter fame at the University of Chicago Institute of Politics. She also participated in Harvard University's School for Resistance.

CONTACT easily by email:

suebaskomusic@gmail.com

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